[Code of Federal Regulations] [Title 22, Volume 1] [Revised as of April 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 22CFR92.1] [Page 360-362] TITLE 22--FOREIGN RELATIONS CHAPTER I--DEPARTMENT OF STATE PART 92_NOTARIAL AND RELATED SERVICES--Table of Contents Sec. 92.1 Definitions. Introduction Sec. 92.1 Definitions. 92.2 Description of overseas notarial functions of the Department of State, record of acts. 92.3 Consular districts. 92.4 Authority of notarizing officers of the Department of State under the Federal law. [[Page 361]] 92.5 Acceptability of notarial acts under State or territorial law. 92.6 Authority of notarizing officers under international practice. 92.7 Responsibility of notarizing officers of the Department of State. General Notarial Procedures 92.8 Compliance with request for notarial services. 92.9 Refusals of requests for notarial services. 92.10 Specific waiver in notarial certificate. 92.11 Preparation of legal documents. 92.12 Necessity for certification of notarial acts. 92.13 Form of notarial certificate. 92.14 Venue on notarial certificates. 92.15 Signing notarial certificate. 92.16 Sealing the notarial certificate. 92.17 Fastening of pages. Specific Notarial Acts 92.18 Oaths and affirmations defined. 92.19 Administering an oath. 92.20 Administering an affirmation. 92.21 Notarial certificate to oath or affirmation. 92.22 ``Affidavit'' defined. 92.23 Taking an affidavit. 92.24 Usual form of affidavit. 92.25 Title of affidavit. 92.26 Venue on affidavit. 92.27 Affiant's allegations in affidavit. 92.28 Signature of affiant on affidavit. 92.29 Oath or affirmation to affidavit. 92.30 ``Acknowledgment'' defined. 92.31 Taking an acknowledgment. 92.32 Notarial certificate to acknowledgment. 92.33 Execution of certificate of acknowledgment. 92.34 Fastening certificate to instrument. 92.35 Errors in certificate of acknowledgment. 92.36 ``Authentication'' defined. 92.37 Authentication procedure. 92.38 Forms of certificate of authentication. 92.39 Authenticating foreign public documents (Federal procedures). 92.40 Authentication of foreign extradition papers. 92.41 Limitations to be observed in authenticating documents. 92.42 Certification of copies of foreign records relating to land titles. 92.43 Fees for notarial services and authentications. Depositions and Letters Rogatory 92.49 ``Deposition'' defined. 92.50 Use of depositions in court actions. 92.51 Methods of taking depositions in foreign countries. 92.52 ``Deposition on notice'' defined. 92.53 ``Commission to take depositions'' defined. 92.54 ``Letters rogatory'' defined. 92.55 Consular authority and responsibility for taking depositions. 92.56 Summary of procedure for taking depositions. 92.57 Oral examination of witnesses. 92.58 Examination on basis of written interrogatories. 92.59 Recording of objections. 92.60 Examination procedures. 92.61 Transcription and signing of record of examination. 92.62 Captioning and certifying depositions. 92.63 Arrangement of papers. 92.64 Filing depositions. 92.65 Depositions to prove genuineness of foreign documents. 92.66 Depositions taken before foreign officials or other persons in a foreign country. 92.67 Taking of depositions in United States pursuant to foreign letters rogatory. 92.68 Foreign Service fees and incidental costs in the taking of evidence. 92.69 Charges payable to foreign officials, witnesses, foreign counsel, and interpreters. 92.70 Special fees for depositions in connection with foreign documents. 92.71 Fees for letters rogatory executed by officials in the United States. Miscellaneous Notarial Services 92.72 Services in connection with patents and patent applications. 92.73 Services in connection with trademark registrations. 92.74 Services in connection with United States securities or interests therein. 92.75 Services in connection with income tax returns. Copying, Recording, Translating and Procuring Documents 92.76 Copying documents. 92.77 Recording documents. 92.78 Translating documents. 92.79 Procuring copies of foreign public documents. 92.80 Obtaining American vital statistics records. Quasi-Legal Services 92.81 Performance of legal services. 92.82 Recommending attorneys or notaries. 92.84 ``Legal process'' defined. 92.85 Service of legal process usually prohibited. 92.86 Consular responsibility for serving subpoenas. 92.87 Consular responsibility for serving orders to show cause. 92.88 Consular procedure. 92.89 Fees for service of legal process. [[Page 362]] 92.90 Delivering documents pertaining to the revocation of naturalization. 92.91 Service of documents at request of Congressional committees. 92.92 Service of legal process under provisions of State law. 92.93 Notarial services or authentications connected with service of process by other persons. 92.94 Replying to inquiries regarding service of process or other documents. 92.95 Transportation of witnesses to the United States. Authority: 22 U.S.C. 2658, unless otherwise noted. Source: 22 FR 10858, Dec. 27, 1957, unless otherwise noted. Introduction (a) In the United States the term notary or notary public means a public officer qualified and bonded under the laws of a particular jurisdiction for the performance of notarial acts, usually in connection with the execution of some document. (b) The term notarial act means an act recognized by law or usage as pertaining to the office of a notary public. (c) The term notarial certificate may be defined as the signed and sealed statement to which a ``notarial act'' is almost invariably reduced. The ``notarial certificate'' attests to the performance of the act by the notary, and may be an independent document or as in general American notarial practice, may be placed on or attached to the notarized document. (d) For purposes of this part, except Sec. Sec. 92.36 through 92.42 relating to the authentication of documents, the term notarizing officer includes consular officers, officers of the Foreign Service who are secretaries of embassy or legation under Section 24 of the Act of August 18, 1856, 11 Stat. 61, as amended (22 U.S.C. 4221), and such U.S. citizen Department of State employees as the Deputy Assistant Secretary of State for Overseas Citizens Services may designate for the purpose of performing notarial acts overseas pursuant to section 127(b) of the Foreign Relations Authorization Act, Fiscal Years 1994-1995, Pub. L. 103-236, April 30, 1994 (``designated employees''). The authority of designated employees to perform notarial services shall not include the authority to perform authentications, to notarize patent applications, or take testimony in a criminal action or proceeding pursuant to a commission issued by a court in the United States, but shall otherwise encompass all notarial acts, including but not limited to administering or taking oaths, affirmations, affidavits or depositions. The notarial authority of a designated employee shall expire upon termination of the employee's assignment to such duty and may also be terminated at any time by the Deputy Assistant Secretary for Overseas Citizen Services. [22 FR 10858, Dec. 27, 1957, as amended at 60 FR 51721, Oct. 3, 1995]